Kamleshwari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19765 of 2019 Arising Out of PS. Case No.-282 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.
KAMLESHWARI YADAV Son of Late Tisi Yadav 2.
Anil Yadav Son of Late Tisi Yadav 3.
Ramashish Yadav Son of Kamleshwari Yadav 4.
Tufani Yadav @ Sanjay Yadav Son of Anil Yadav 5.
Vikash Yadav Son of Kamleshwari Yadav 6.
Rikesh Yadav Son of Kamleshwari Yadav All Resident of Village - Chandra Nagar (Ranko), P.S.- Khagaria Mufassil, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Sanjana, Adv For the Opposite Party/s :
Mr.Navin Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 448,354(A),379,308, 504/34 IPC and Section 27 of the Arms Act registered in connection with Khagaria (Mufassil) P.S. Case No. 282 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of family partition dispute. The informant is the wife of one of the brothers of the petitioner nos. 1 and 2. The present FIR has been instituted in retaliation a day after Khagaria (Mufassil) P.S. Case No. 280 of 2018 was instituted at the instance of the petitioners. After due investigation by the Police charge sheet filed only under bailable Sections, but differing with the same cognizance has been taken.
4. Be that as it may, in the event of the petitioners arrest or
Patna High Court CR. MISC. No.19765 of 2019(2) dt.03-04-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Khagaria, in connection with Khagaria (Mufassil) P.S. Case No. 282 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T